Barnardo’s
Corporate Policy
Recruitment of Ex-Offenders Policy
Date:
1 April 2017
Review Date:
1 April 2020
Policy Owner:
Policy and Advice Team
Distribution:
Internal and External - Non Confidential
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Purpose
This policy outlines Barnardo’s use of criminal record checks and the recruitment of
staff or volunteers with criminal convictions.
Barnardo’s has developed this policy:
a) To ensure that Barnardo’s complies with the spirit and requirements of the
Rehabilitation of Offenders legislation.
b) To ensure consistent and fair practice regarding the recruitment of staff or
volunteers who have a criminal record to paid positions or voluntary, unpaid
positions.
Scope
This policy applies to all staff and volunteers, including potential staff/volunteers
applying for roles at Barnardo’s, and is made available to applicants at the outset of
the recruitment process.
Roles & Responsibilities
Shortlisted Job Applicants are responsible for disclosing criminal record
information (according to whether the role is exempt/not exempt from the
Rehabilitation of Offenders legislation) as part of a Safeguarding Self-Declaration
Form and for bringing this form with them in a sealed envelope to interview.
Line Managers/Recruiting Managers are responsible for complying with this
policy, identifying whether the role falls within the scope of the Rehabilitation of
Offenders legislation and if criminal record information is revealed, ensuring that a
measured discussion on the subject of any offences or other matter that might be
relevant to the position takes place with the applicant.
Local People Teams are responsible for providing advice to managers in pursuant
of this policy and supporting managers in the application of this policy, as required.
Corporate People Team, Policy & Advice are responsible for endeavouring to
ensure compliance with legal and regulatory obligations; Codes of Practice
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(Disclosure and Barring Service (DBS), Disclosure Scotland and Access NI), as
appropriate and updating this policy.
Definitions/Abbreviations
AccessNI – branch within the Department of Justice in the Northern Ireland
Executive responsible for criminal record disclosure checks in Northern Ireland. Its
job is to supply certificates that show whether people who want to work in certain
types of jobs, for example with children and or vulnerable adults, have a criminal
record or if other important information is known about them.
Criminal Record for the purposes of this policy may include criminal convictions
cautions, reprimands, final warnings which are not ‘protected’ (i.e. eligible for
filtering). For further information on filtering, please refer to the Nacro Website
and/or the Disclosure and Barring Service website, Disclosure Scotland or the
Department of Justice Northern Ireland website, as appropriate.
DBS - The Disclosure and Barring Service. It replaced the Criminal Records Bureau
(CRB) and Independent Safeguarding Authority (ISA). Responsible for criminal
record disclosure checks in England and Wales.
Disclosure Scotland - Executive Agency of the Scottish Government. Their core
function is to provide criminal history information to organisations and potential
employers.
Policy Statement
Barnardo’s is committed to creating equal access to opportunities for paid work and
voluntary involvement, while continuing to base selection and promotion solely on
ability to meet the requirements of the post. This is irrespective of age, disability,
gender reassignment, marriage, and civil partnership, pregnancy and maternity,
race, religion and belief, sex, sexual orientation, irrelevant offending background,
responsibility for dependents, economic status or political values.
Barnardo’s will not discriminate unfairly against any applicant of a criminal record
check on the basis of a conviction or other information revealed.
General Principles

Barnardo’s actively promotes equality of opportunity for all and welcomes
applications from a wide range of candidates, including those with criminal
records.

As an organisation using the Disclosure and Barring Service (DBS), Disclosure
Scotland and Access NI to assess applicants’ suitability for positions of trust,
Barnardo’s complies fully with their Codes of Practice and undertakes to treat all
applicants fairly. A copy of the relevant Code of Practice (DBS, Disclosure
Scotland or Access NI) is available upon request from the Local People Team.

Unless the nature of the position allows Barnardo’s to ask questions about an
applicant’s ‘spent’ and ‘unspent’ criminal convictions (including cautions,
reprimands or final warnings) that are not ‘protected’ as part of the application
process (e.g. posts exempt from the Rehabilitation of Offenders legislation, such
as those involving working with children or vulnerable adults), we only ask about
‘unspent’ convictions. Certain convictions (and cautions) become ‘spent’ after a
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rehabilitation period during which time there have been no further convictions.
The way in which a conviction can become ‘spent’ under the legislation will
depend upon the sentence received for the offence, and the applicable
rehabilitation period. There are however certain convictions which can never
become spent.

Where a position is exempt from the Rehabilitation of Offenders legislation, a
criminal records check will form part of the recruitment process and shortlisted
applicants invited to interview will be asked to provide details of their criminal
record. Applicants will be asked to complete a Safeguarding Self-Declaration
Form relevant to the role that they are applying for and bring this with them to
interview in a sealed envelope. We guarantee that this information will only be
seen by those who need to see it as part of the recruitment and selection
process, e.g. recruiting manager, Assistant Director for People. This form will be
checked and retained for the successful candidate and, once the recruitment and
selection process is complete, all other forms will be safely destroyed. All
information will be treated in strict confidence and in accordance with the
principles of the Data Protection Act.

A Disclosure is only requested for those positions where it is deemed both
proportionate and relevant to the position concerned, following consideration of
the role requirements. For those positions the recruitment materials will contain
a statement that a criminal records disclosure will be requested in the event of an
individual being offered the position.

With some exceptions e.g. conviction of a Schedule Four offence, having a
criminal record will not necessarily bar a person from working with us in either a
paid or unpaid capacity. This will depend on the nature of the disclosed
conviction(s) and the position sought; the circumstances and background of the
offence and their relevance to the post in question. If you declare a criminal
record, which we believe is relevant to the post; we will discuss this with you
after the selection process is complete, but prior to making a conditional offer of
employment, if you are the successful candidate.

Suitable applicants will not be refused posts because of offences which are not
relevant to, and do not place them at or make them a risk in, the role for which
they are applying.

We ensure that all those involved in the recruitment and selection process have
received guidance on the legislation relating to the employment of ex-offenders
and how to assess the relevance and circumstances of offences.

At interview, or in a separate discussion, we ensure that an open and measured
discussion takes place on the subject of any offences or other matter that might
be relevant to the position.

We undertake to discuss any matter revealed in a Disclosure with the person
seeking the position before deciding whether the conditional offer of employment
or volunteering placement will be confirmed or withdrawn.

A failure to reveal information that is directly relevant to the position sought
could lead to withdrawal of an offer of employment or volunteering placement.

Once in employment staff should inform their line manager, of any changes to
their circumstances which affects their criminal record status, in order that the
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impact upon their suitability to undertake their role may be reviewed. This
requirement also applies to voluntary involvement and to volunteers informing
their supervisor.
Associated guidance and documents
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Criminal Records Disclosure Policies (England & Wales, Northern Ireland and
Scotland)
Promoting Equality/Valuing Diversity Policy
Recruitment and Selection Policy
Safeguarding Code of Conduct
Volunteer Procedures
References
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Police Act 1997
Protection of Vulnerable Groups (Scotland) Act 2007
Rehabilitation of Offenders Act (ROA) 1974 – Exceptions and amendments
Rehabilitation of Offenders (Northern Ireland) Order 1978, as amended in
2014
Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979
The Rehabilitation of Offenders (Exceptions) (Amendment) Order (Northern
Ireland) 2012
Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland)
Order 2003
Compliance
 Local People Teams, Recruitment Centre and Volunteering and Community
Engagement Teams monitoring of general adherence to policy.
 Feedback from UNISON and Barnardo’s Forums.
 Audits
Document history
Version Date
Author
2.0
01.04.17 Policy &
Advice Team
Status
Approved
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Comment
Updated policy into new
format.